Kwon
Casa Nido Partnership v. Kwon
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CASA NIDO PARTNERSHIP, Case No. 20-cv-07923-EMC
Plaintiff,
ORDER DENYING DEFENDANT’S
v. MOTION TO DISMISS FIRST
AMENDED COMPLAINT
JAE KWON, et al., Docket No. 46 Defendants.
12 13 I. INTRODUCTION Plaintiff Casa Nido Partnership (“Plaintiff”) filed suit against Defendants Catherine O’Hanks, Jae Kwon, and Lynn Marie Garibotti (“Defendant Garibotti”), who sequentially owned and operated a dry-cleaning facility over a 47-year period. Docket No. 38 (“FAC”) at 1. Plaintiff alleges that the Defendants, while operating the facility, released Tetrachloroethylene (“PCE”) onto the floor and into the groundwater below the facility, for which Plaintiff spent hundreds of thousands of dollars remediating. Id. at 1. Plaintiff alleges that it is entitled to indemnification and contribution from the Defendants under the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”),…